H1B extended beyond six year without approved I-140 document


jothinb

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I am on 6th year of my H1B visa and the H1B max out is May 2018.

My most recent H1B petition filed as of July 2016 before my I140 approval. My I 140 approved as of Oct 2016 and my H1B got approved as of Nov 2016 till June 2019 which is beyond the six-year limit. I also got my visa stamped till June 2019 based on the approved petition. 

My I-129 (H1B extension petition) was submitted before my I140 approval without details of PERM or I140. USCIS approved H1B beyond six year limit. Please advise, I am good to stay in USA beyond six year based on approved H1B petition or do I need to request for H1B extension based on approved I140 immediately?

 

 

 

 

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Hi,

Myself seems to be in similar situation but I'm waiting for the USCIS decision of my current extension till max out date Jun'2018 (RFE filed without I-140) as my I-140 approved in Dec'2017.    I'm expecting approval only till my max out date and I might need to reapply extension immediately with I-140. 

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  • 2 weeks later...
On 2/13/2018 at 0:19 PM, h1bAndI140Boat said:

I guess the answer is Yes. Else USCIS can revoke your h1b if they don't have i140 tied with i797. I am on same boat. My h1b was approved till 2020 last year. My max out date is July 2018.

Attorney told we have to go for beyond 6 years extension with i140.

Let me know how you proceed. I am planning to apply end of this month.

I got same response from my mobility team, thy are asking me to file for an extension immediately.

How do we know that I797 is tied with I-140. I have Alien beneficiary number in my I797. Does it mean my I797  tied with approved I140.

 

 

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On 2/14/2018 at 3:55 PM, Mummidi said:

Hi,

Myself seems to be in similar situation but I'm waiting for the USCIS decision of my current extension till max out date Jun'2018 (RFE filed without I-140) as my I-140 approved in Dec'2017.    I'm expecting approval only till my max out date and I might need to reapply extension immediately with I-140. 

Did you get any update for your extension.

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